Trade Marks (Border Enforcement Measures) Rules

Trade Marks Act

(CHAPTER 332, Section 108)

R 2

G.N. No. S 5/1999

REVISED EDITION 2001

(31st January 2001)

[15th January 1999]

Citation

1. These Rules may be cited as the Trade Marks (Border Enforcement Measures) Rules.

Definitions

2. In these Rules —

“authorised officer” and “Director‑General” have the meanings given by section 81 of the Act;

“officer of customs” has the meaning given by section 3(1) of the Customs Act (Cap. 70).

[S 557/2018 wef 10/10/2018]

Notice under section 82(1) of Act

3.—(1) A notice to the Director-General under section 82(1) of the Act shall be in the form set out in the Schedule.

(2) The notice shall be accompanied by —

(a)	a statutory declaration that the particulars in the notice are true;
(b)	a fee of $200;
(c)	a copy of the certificate of registration issued by the Registrar under section 15(5) of the Act in relation to the registered trade mark specified in the notice;
(d)	evidence that the registration of the registered trade mark was duly renewed at all times; and
(e)	where the notice is given by a person as agent for the proprietor or licensee of the registered trade mark (whichever is appropriate), evidence of the authority of the person giving the notice.

(3) The proprietor or licensee of the registered trade mark may appoint another person to act as his agent for the purpose of giving the notice.

Time and manner of giving notice

4. A notice to the Director-General under section 82(1) of the Act shall be delivered to the Customs and Excise Department —

(a)	during such time as the office of the Customs and Excise Department is open for business; and
(b)	at such time as is reasonably possible for an authorised officer to take any action under the Act in relation to the notice.

Further information and evidence

5. A person who has given a notice under section 82(1) of the Act to the Director-General shall, as and when required by the Director-General, give to the Director-General such information and evidence within such time and in such form as the Director-General may reasonably require.

Change in particulars

6. A person who has given a notice to the Director-General shall notify the Director-General in writing of any change in the particulars specified in the notice or affecting the notice within 7 days of the change and further notice shall be given as the Director-General may require.

Refusal to seize

7. An authorised officer may refuse to seize goods to which a notice under section 82(1) of the Act relates if the person who has given the notice fails to comply with —

(a)	any requirement by the Director-General under these Rules; or
(b)	any provision of these Rules.

Period for instituting action for registered trade mark

8. For the purposes of section 85(3) of the Act, the prescribed period is 10 working days.

Period for extension of retention period

9. For the purposes of subsection (6) of section 85 of the Act, the prescribed period is 10 working days after the end of the initial period mentioned in that subsection.

Written undertakings for forfeiture by consent of goods seized on request

9A. For the purposes of section 87(1) of the Act, the prescribed written undertakings are that the importer must —

(a)

propose an arrangement for the disposal of the seized goods for the Director‑General’s approval; and

(b)

dispose of the seized goods in accordance with an arrangement approved by the Director‑General —

(i)	within one month after the date of a notice given by the Director‑General; and
(ii)	under the supervision of an officer of customs.

[S 557/2018 wef 10/10/2018]

Written undertakings for forfeiture by consent of goods detained under section 93A of Act

9B. For the purposes of section 87(1) of the Act as applied by section 93A(5)(b) of the Act, the prescribed written undertakings are that the exporter or the consignee (as the case may be) must —

(a)

propose an arrangement for the disposal of the detained goods for the Director‑General’s approval; and

(b)

dispose of the detained goods in accordance with an arrangement approved by the Director‑General —

(i)	within one month after the date of a notice given by the Director‑General; and
(ii)	under the supervision of an officer of customs.

[S 557/2018 wef 10/10/2018]

Disposal of seized or detained goods forfeited by consent

9C.—(1) Upon forfeiture of the goods to the Government under section 87(3) of the Act, or that provision as applied by section 93A(5)(b) of the Act, the seized or detained goods must be disposed of by the importer, exporter or consignee (as the case may be) in accordance with an arrangement approved by the Director‑General —

(a)	within one month after the date of a notice given by the Director‑General; and
(b)	under the supervision of an officer of customs.

(2) If the importer, exporter or consignee (as the case may be) does not dispose of the goods within the period mentioned in paragraph (1)(a), the Director‑General must dispose of those goods in such manner as the Director‑General thinks fit.

[S 557/2018 wef 10/10/2018]

Prescribed period under section 93A(3) of Act

10. For the purposes of section 93A(3) of the Act, the prescribed period shall be —

(a)

48 hours after the Director-General has given the proprietor of the registered trade mark the written notice referred to in section 93A(2) of the Act; or

(b)

where —

(i)	the detained goods are goods that are to be exported from Singapore or goods in transit that are consigned to a person with a commercial or physical presence in Singapore; and
(ii)	the proprietor of the registered trade mark has complied with section 93A(3)(b)(iii) of the Act within the period referred to in paragraph (a),

10 working days after the Director-General has given the proprietor of the registered trade mark the written notice referred to in section 93A(2) of the Act.

[S 371/2004 wef 01/07/2004]

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